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MASON v. MALONE

No. 88-CA-1063-MR.

751 S.W.2d 40 (1988)

Charles MASON and Leonard Gray, Appellants, v. Jim "Pop" MALONE, Jefferson County Board of Elections, Jefferson County Democratic Party, Jefferson County Executive Committee and Ben Handy, Appellees.

Court of Appeals of Kentucky.

June 3, 1988.

Attorney(s) appearing for the Case

V. Jeffery Alston, Michael T. Alexander, Alston & Alexander, Louisville, for appellants.

Peter L. Ostermiller, Stallings & Stallings, Michael E. Conliffe, Co. Atty., Walker C. Cunningham, Jr., Asst. Co. Atty., Louisville, for Malone and Jefferson Co. Bd. of Elections.

Sean R. Delahanty, Louisville, for Jefferson Co. Democratic Party and Executive Committee.

Ed Carle, Louisville, for Ben Handy.

Before HOWERTON, C.J., and CLAYTON and DYCHE, JJ.

HOWERTON, Chief Judge.

Charles Mason and Leonard Gray have brought this action, pursuant to KRS 118.176(4), seeking to set aside an order of the Jefferson Circuit Court holding that the name of the appellant, Charles Mason, may not be removed or obliterated from the ballot in a primary election. Applying KRS 118.212, the circuit court concluded that Mason's name may not be removed or obliterated because his declaration of withdrawal from the contest was not filed...

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